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I bought a product ( e.g. sofa/mobile phone/ kettle) from a business in Kerry by debit card and the product has since broken due to no fault of mine. I only bought it 3 weeks ago and I want to know what are my rights and what I can do?

When you notice an issue with a product, contact the shop as soon as possible because your rights are strongest in the first 30 days. The short-term right to cancel means you can return a faulty item for a full refund within 30 days.

Outside that 30-day period you still have rights, including repair, replacement or refund for faulty goods. Goods should be fit for purpose and should work for a reasonable amount of time.

In this case, you should go back to the shop and ask them to resolve the issue. If they don’t fix it, we suggest you send them a written complaint by email or post. You should remind them that under the Consumer Rights Act 2022 they are responsible for any faults with products you buy from them. You should also outline the fault and how you would like them to resolve the issue.

If the shop doesn’t respond to your satisfaction, you have the option of lodging a claim with the Small Claims Procedure. Learn more about how to complain.

I bought a second-hand car with cash from a garage in Dublin 4 months ago. I was given a 3-month warranty which has now expired. The car is now faulty, what are my rights and what should I do next?

You have rights to a repair, replacement or refund for faulty goods. Goods should be fit for purpose and should work for a reasonable amount of time. It’s important to note that the garage where you bought the car has obligations to you under consumer law regardless if any guarantee or warranty has expired.

In your case, you should go back to the garage and ask them to resolve the issue. Where you are unable to resolve the issue with the garage, we suggest that you follow up by sending a written complaint detailing the fault and how you would like them to resolve the issue.

If the garage doesn’t respond to your satisfaction, you have a few options:

• you could contact the Society of the Irish Motor Industry (SIMI), if the garage is a member. They have a complaints service that you may be able to use
• you could lodge a claim through the Small Claims Procedure. Learn more about how to complain

However, where your claim is higher than the Small Claims Procedure limit of €2000, you may need to seek independent legal advice.

If you bought before 28 November 2022, you can read about your rights when you bought goods before the Consumer Protection Act 2022.

I bought a table and chairs from a local online shop here in Donegal 2 weeks ago. It was advertised that the chairs were stone grey but the table and chairs that arrived are snow white, I have raised this issue with the shop who claim it is stone grey, what are my rights?

Under consumer law, goods must match the description you got when you bought them and used in any advertisement.

If the goods you received don’t match the description and as you received them within the last 30 days, you can use your short-term right to cancel. This means you can return an item for a full refund within a 30-day period if it does not match the description. Outside that 30-day period you still have rights as a consumer, including repair, replacement or full refund.

In this case we understand you have raised the issue with the shop who refused to resolve it. At this point we suggest sending one final complaint in writing by email or letter to them outlining your consumer rights and what resolution you are looking for.

If you are unable to resolve your issue, we would then suggest you contact your debit/credit card provider regarding the possibility of a chargeback on your card (which is a reversal of the transaction on your card). However please note that chargebacks are time sensitive, and each card issuer has their own terms and conditions.

If the shop doesn’t respond to your satisfaction, you have the option of lodging a claim with the Small Claims Procedure. Learn more about how to complain.

I had a company from Dublin carry out a service to clean out the gutters on my home and repair a small leak in the roof 2 weeks ago. They seemed to have done a good job until the other night when rain started to come in through the roof. I have not contacted the company yet, what are my rights?

When you hire a tradesperson to carry out a service you are protected by consumer law. Any service supplied must match what you agreed and must also be of the nature and quality that you can reasonably expect.

The tradesperson must also carry out the service with reasonable care and skill. Where this is not the case you can ask them for

• the service to be rectified to match what was agreed
• a reduction in the price of the service or
• a full refund

In your case, we suggest that you contact the company and inform them of your issue and your preferred resolution. Where you are unable to resolve the matter with the business, you may consider sending a final written complaint outlining your concerns and how you would like them to resolve the issue.

If the tradesperson doesn’t respond to your satisfaction, you have the option of lodging a claim with the Small Claims Procedure. Learn more about how to complain.

I have a TV service contract with an Irish provider for many years. I have just cancelled my contract and noticed that they have continued to charge me. I have contacted the company and am still waiting for a response. What are my rights?

When you get a TV service, you enter into a contract with the provider. There will generally be terms and conditions attached to the service and both you and the provider may be bound by these. In this case, we suggest reviewing the T&Cs regarding the billing and the conditions around cancellation.

Where you feel the provider is acting outside the agreed T&Cs, for example, by charging you after you cancelled, we suggest raising your issue as soon as possible with the business. If they refuse to assist, we suggest that you send a final written complaint by email or letter outlining your issue and how you would like them to resolve it.

If you are unable to resolve your issue or secure a refund from the business, we would then suggest you contact your debit/credit card provider regarding the possibility of a chargeback if you are billed via debit/credit card (which is a reversal of the transaction on your card). However please note that chargebacks are time sensitive, and each card issuer has their own terms and conditions.

If they don’t respond to your satisfaction, you have the option of lodging a claim with the Small Claims Procedure. Learn more about how to complain.

I bought some clothes in a store in Wexford. I didn’t have time to try on the dress in the shop. It is too small but the store will only offer me a credit note. What are my rights to a refund?

When you buy goods instore from a business, you have no right to return the goods under consumer law for a change of mind or if the goods are not suitable to your needs. It is up to you to ensure that the goods are suitable and in this case that they are the right fit. Where the clothes do not fit correctly, you will be bound to any returns policy of the shop.

While many shops are happy to allow you to return the goods under their own returns policy, there is no legal obligation to have such a policy.

We can only suggest reviewing the returns policy of the shop and where there is no option for a return, you can try to appeal to the better nature of the store, ultimately it is a business decision to allow an exchange.

I bought a present for an upcoming birthday party from an online shop based in Cork. It was agreed that it would be delivered within one week, however, it’s now been three weeks and the item has not arrived. I’ve had to buy another present from a different store instead. What are my rights to cancel my original order and receive a refund?

Under consumer law, businesses must deliver goods within any delivery date or time period agreed. If no specific date or time period was agreed, they must deliver the goods within 30 days of the order being placed.

Where the business fails to deliver the goods, you must first request they make the delivery within an additional period of time, if the delivery is still appropriate in your circumstances.

Where the business is unable or refuses to deliver the goods within the new time period, or where it is not appropriate to agree to a new delivery time frame, you have the right to a full refund.

At this point, if you have not already done so, we suggest you raise the delivery issue in writing by email and outline what you are looking for.

If you are unable to resolve your issue or secure a refund from the business, we would then suggest you contact your debit/credit card provider regarding the possibility of a chargeback on your card (which is a reversal of the transaction on your card). However please note that chargebacks are time sensitive, and each card issuer has their own terms and conditions.

If the shop doesn’t respond to your satisfaction, you have the option of lodging a claim with the Small Claims Procedure. Learn more about how to complain.

I bought a new camera online from a shop in Wexford. When the camera was delivered, I just didn’t like it. I contacted the shop the next day asking can I cancel the order and get a refund instead. They refused to provide a refund and said they do not allow exchanges or refunds, what are my rights?

For most products that you buy online, you can contact the business at any time within 14 days of receiving the item and request a refund. You can cancel your order by completing the shop’s cancellation form or contacting them before the end of the 14- day cancellation period. We suggest you do this in writing by email or by post, and keep a copy. We also suggest that you return the goods at the same time.

The business must refund your payment no later than 14 days after you cancel. They can only withhold the refund subject to the return of the goods or getting evidence of the return of the goods.

We suggest you follow the cancellation policy which is generally set out in the terms and conditions on the business’s website.

If they refuse to provide a refund, we would then suggest you contact your debit/credit card provider regarding the possibility of a chargeback on your card (which is a reversal of the transaction on your card). However please note that chargebacks are time sensitive, and each card issuer has their own terms and conditions.

If the shop doesn’t respond to your satisfaction, you have the option of lodging a claim with the Small Claims Procedure. Learn more about how to complain.

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